The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1887-12-23

The trial of Christian Miller for steal
ng horse from August Baker last
summer was begun Yesterday afternoon
and occupied ali of to-day. Attorney |
Hughes conducted the defense.
A large number of witnesses We're ex-
From Saturdays Daily.
The court room was packed this morn
ing when the time for opening came. 1t
was known one of the "mother-in-law
cases. was TO be tried and this accounts
for the crowd as these cases attract wide
attention. Morgan sat behind his at
torneys, Messrs. VIM. n, Plymat and
w. +. Young, wearing calm demeanoe
and watched the case closely. He new
er expressed any ems ton except when
the woman whom he ca 5 wife" came
in and took seat near him. The COM
plaint charges Morgan with having mar
ried this woman while he was married
to her daughter. The defense has been
hitherto unheard of, at least by the
general public, and is that the woman's
daughter, Julia Ann, was already mar
ried at the time Morgan married her
and that therefore the latter marriage
was illegal. More weakedness than seems
possible in civilized community was
shown up.
The following jury was secured: j.
Born, II. Holverson, G. Owens, NJ. A.
Hawkes., 6. Gutterson, P. OConnor, j.
A. Gilmore, o. Rice, r. I. Davis, g.
Iceberg and IL. r. Case.
County Attorney Smith opened the
case for the State.
Clerk of Court TorreY was the first
witness sworn and testified that a mar
rage license had been issued to Asher
Morgan and Julia Ann SImonds, March
S, 1886, and that Rev. ]. {. Ogle had re-
turned the certificate of marriage show
ing that the ceremony had taken place
March IL, 1886. William 0. Simmonds
the complaining witness and the father
of Morgan's alleged first wife, was next
called and testified TO the marriage OF
his daughter to Morgan and to their liv'
! ing together as man and wife. He also
/ testified that Julia Ann Simmonds had
an illigimatc child by man named John
| Jenkins before the alleged marriage
with Morgan, and that Jenkins had
never married her.
| joseph Phillips was called to the stand
and testified that he had witnessed Nor
/ CAMS marriage to Julia Ann Simmonds
/ Geo. w. Simmonds, son of VIM. o
Simmonds, testified that Morgan anC
/ Julia Ann Simmonds had lived together
as man and wife,
| Judge J. +. Porter testified that ht
| had married Morgan to Hester AM
| Simmonds, claimed as the wife of Sim
monds, Sept. 10, 1887.
| The State rested here.
Mr.. Plymat opened the case for thu
| defens and stated that the defense
would be that the girl, Julia Ann Sim
monds, had been married to jenkins
and was not legally married to Morgan
that jenkins and she lived together TO
two years as man and wife.
| Mr. Torrey was again called, and testi
! fed that a marriage license had beer
granted to John Jenkins and Julia Sim
monds on March &c, 1881, but no return
was made to the license. He said tina
no return was made in number of case
at that time, where the parties were no
living together as husband and wife.
Hester Ann Simmonds, otherwis,
known as the wife of VIM. o. Simmonds
was called and testified that her daugh
ter, Julia, had lived with John Jenkin
for year as his wife. She knew of m
divorce between the parties. She haC
heard Morgan call Julia his wife. Th,
latter had had child by Jenkins. JOIN
Morgan, father of the defendant, test
fed that Jenkins had said that he wa
married TO Julia, and that this was thu
general repute in the neighborhood. HI
did not know that his son was to MARI
Simmonds' wife.
Several other witnesses corrobOrateC
the above testimony, one saying that ;
Mormon preacher had been in the
neighborhOod, which may account 70
some of the promiscuity with which
this family lived.
The jury in the Miller horse-stealini
case returned verdict yesterday after
noon of guilty, after being out but
short time He will not be sent to Still
water, but will be given short term il
the county Jail.
Nils Nyquist was admitted to citizen
ship.
From Tuesdays DAILY FREE PREss1.
The trial of Asher A. Morgan TO
bigamy was completed yesterday after
noon. John Roland, John r. Anderson
and John Smith were sworn on the par
| of the defendant and VIM. Simmonds
jessie Simmonds were sworn on thu
part of the State. The testimony wa
nearly corroboratory of that given Satur
day and published in these columns
The arguments were submitted yester
day afternoon and the jury charged thu
morning, and after being ont shor
| time brought in verdict of guilty.
The case of Oliver Burgess, by Miriam
da Burgess his guardian ad Item vs.. the
Winona & st. Peter Railroad Co, wat
continued to the next term of court OF
motion of the defense.
The caseiof Catharine Wagon, appel
VS.. Charles Wagon, Jr., Jacob Wager
and Emma Harke, respd'ts, was mex
taken up, Judge Thomas S. Buckham
of Faribault, Judge of the Fifth Judicial
district, occupying the bench, Judge
Severance being indisposed. DanieI
Buck and A. J. Peck, of Shakopee, con,
Quoted the prosecution and Freeman d
Pau and Ira p. Shissler, the defense
1t is will case and was appealed from
the Probate Court The will of Charles
Wagon left the balance of the property
to the defendants, leaving George and
Herman Wagon, children by the last
wife, out entirely and giving the widow
only what the law allows. The prose.
cution claims that the defendants used
undue influence in obtaining the will
and that Chas. Wagon was incapable OIL
making a will. A number of witnesses
were examined.
(From Wednesdays Daily.
DIsTRICT-THoMAs S. BUCKHAM, JUDGE.
The trial of the contested viii case oil
Catharne Wagon, applt., vs.. Charles
Wagon, Jr., Jacob Wagon and Emma
Harke, was completed this forenoon and
given to the Jury. Eighteen witnesses
were examined during the trial. Upon
the result of this case depend two SINH
lar suits brought by George Wagon and
Herman Wagon.
From Thursdays Daily)
DIsTRIcT-M. J. SEVERANCE, JUDGE.
The trial of Constantine Guntzel foT
assault in the second degree upon Ber-
nard Bruggerman was begun yesterday
afternoon, and occupied the greater part
of to-day. A large number of witnesses
were examined. The assault is alleged
to have been committed at pic mic al
Mr.. Fosters place at the north end Of
Eagle Lake last summer.
Inthe case of Catherine Wagon, appPt
vs. Charles Wagon, Jr., Jacob Wagon
and Emma Harke, respdts, the jury
| failed to agree after having been out un
| tIl ten O'Clock last evening, and was dis
charged by consent of the parties.
The Paper for the Million Still at the
Front.
The Western Rural and american Stock
man of Chicago is one OF the most pro
Il -. a al ,.-oaE;ooI